Carlos Kidd v. Brad Livingston, No. 17-40912 (5th Cir. 2018)

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Case: 17-40912 Document: 00514325348 Page: 1 Date Filed: 01/29/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-40912 United States Court of Appeals Fifth Circuit FILED January 29, 2018 CARLOS KIDD, Lyle W. Cayce Clerk Plaintiff-Appellant v. BRAD LIVINGSTON, Defendant-Appellee Appeals from the United States District Court for the Eastern District of Texas USDC No. 9:15-CV-126 Before HIGGINBOTHAM, JONES, and COSTA, Circuit Judges. PER CURIAM: * Carlos Kidd, Texas prisoner # 1079464, filed a 42 U.S.C. § 1983 complaint, alleging that Brad Livingston, the former director of the Texas Department of Criminal Justice, failed to protect him. Kidd moves for leave to proceed in forma pauperis (IFP) to appeal the magistrate judge’s report and recommendation. This court must examine the basis of its jurisdiction, sua sponte, if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). We lack Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 17-40912 Document: 00514325348 Page: 2 Date Filed: 01/29/2018 No. 17-40912 jurisdiction to address this appeal. See Donaldson v. Ducote, 373 F.3d 622, 624 (5th Cir. 2004); see also Colburn v. Bunge Towing, Inc., 883 F.2d 372, 379 (5th Cir. 1989). Accordingly, we dismiss the appeal and deny Kidd’s IFP motion as moot. APPEAL DISMISSED; MOTION DENIED AS MOOT. 2

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